Category: Justice

Obama Fights To Preserve Don’t Ask, Don’t Tell Before Supreme Court

President Barack Obama continued his effort to preserve the “don’t ask, don’t tell” policy in a filing before the United States Supreme Court. A trial court had imposed an injunction to halt the discriminatory policy. The Administration could have allowed the injunction to stand pending an appeal but succeeded in getting the order reversed. Now, it is defending its intention to continue to discriminate against gays and lesbians in an appeal to the Supreme Court.

Continue reading “Obama Fights To Preserve Don’t Ask, Don’t Tell Before Supreme Court”

Turley Affidavit in Canadian Polygamy Case

I previously posted notice of my retention as a legal expert in the polygamy case before the British Columbia Supreme Court — a case that is being watched closely around the world. My office has received a number of requests for the affidavit, which I have been informed is now part of the public record and is linked below.
Continue reading “Turley Affidavit in Canadian Polygamy Case”

The Canadian Polygamy Case

The British Columbia Supreme Court will be some hearing testimony on the criminalization of plural unions — an extremely important case with global ramifications. As has been my practice in past cases, I wanted to confirm my involvement in the case as a court-appointed expert on the legality of such criminal laws. Weeks ago, I was retained to submit written testimony on the right of consenting adults to plural unions under United States and international law.

Continue reading “The Canadian Polygamy Case”

Federal Appeals Court Blocks Order to End DADT Policy

On Monday, a panel of the 9th US Circuit Court of Appeals extended the freeze on an order by U. S. District Judge Virginia Phillips halting the enforcement of DADT.  The panel of judges was persuaded by the government’s argument that suddenly ending the prohibition on gays and lesbians serving openly in the military could have a deleterious effect. In their majority order, Judges Diarmuid F. O’Scannlain and Stephen S. Trott wrote the following:

– “The public interest in enduring orderly change of this magnitude in the military – if that is what is to happen – strongly militates in favor of a stay.”

– “Furthermore, if the administration is successful in persuading Congress to eliminate (the policy), this case and controversy will become moot.”

Continue reading “Federal Appeals Court Blocks Order to End DADT Policy”

I Thought That I Should Never See An Opinion As Lovely As a Tree–Wrong!!

Who says appellate judges can’t be literate — and hilarious.

Fisher v. Lowe
122 Mich.App. 418, 33 N.W.2d 67 (1983)

Syllabus

Does Convicted Cop Equal Reasonable Doubt?

Norfolk, Virginia, Police Detective Robert Glenn Ford had a reputation as a hard-nosed cop who handled most of the City’s high profile criminal cases. Now he’s got another one but it’s his name “across the v” from the Government. Ford was convicted in federal court in Norfolk of extortion and lying to federal investigators. Specifically, the Government alleged that Ford took money from criminal defendants in exchange for helping them get lighter sentences. Ford maintains his innocence and vows to appeal.

Ford handled 200 homicide cases including the infamous “Norfolk 4” case which resulted in four convictions for the rape and murder of  an 18-year-old wife of a Norfolk sailor. Ford was accused by lawyers for the “Norfolk 4” of planting jailhouse snitches near in the men’s cell blocks to solicit confessions.

Continue reading “Does Convicted Cop Equal Reasonable Doubt?”

Let My Poodle Go!: Okie Rides Deere To Pound To Free Pet

Run, Buddy Tough, Run!

Edwin Fry, 73, is quite the dog lover. When his pet poodle, aptly named “Buddy Tough,” was nabbed by local police for running “at large,” Fry decided to pull his best Steve McQueen. Refusing to pay the enhanced fine of $100.00  due to Buddy’s repeat offense,  Fry leaped aboard his riding mower and headed straight for the canine hoosegaw where the chain link was no match for the bolt-cutter wielding pet owner. Sadly, the police took a dim view of animal rescue– Fry-style– and arrested him on complaints of second-degree burglary, trespassing, and destruction of city property. He is also facing a misdemeanor charge for (insert drum roll)…. allowing an animal to run at large. Sadder still, Fry got his own pen and Buddy was euthanized.

On a happier note, this “Born Free” attitude is not limited to our shores. Australians love it too as we see here.

Mark Esposito, Guest Blogger

Source: WPOC 93.1 Website

Does The UCC Cover This: PA Man Complains to Cops About Bad Pot

A consumer-conscious Uniontown, Pennsylvania man called local police to complain about the quality of the marijuana he just purchased. When police arrived, the 21-year-old complained that the pot was “nasty.” A field test by the officers revealed the stash was not marijuana at all, but our boy-genius is not off the hook. He could still be charged with possession of a counterfeit controlled substance. No word yet on whether  the seller takes returns.

I’ve often wondered why possession of  a “counterfeit” controlled substance is a crime at all. Certainly, attempting to sell or selling the counterfeit substance could be punished as criminal fraud, but what is the public policy reason to prevent possession of , say, oregano?  Do we want really want to criminalize even more conduct as we fight the Drug War?

— Mark Esposito, Guest Blogger

Source: AP

Do You Want Alli® With That: Judge Orders McDonalds to Pay For Employee Weight Gain

In what must be a first, Brazilian Judge Joao Ghisleni Filho ruled that a former franchise manager must be paid $17,500.00 because he gained 65 pounds while working for McDonalds Restaurant for over 12 years. The unnamed employee claimed he had to sample food each day to meet quality standards and to appease “mystery clients” that McDonalds hired to secretly inspect the restaurant. The unidentified man’s biggest gripe — McDonalds had the audacity to offer free lunches to employees.

U.S. consumers spend about $150 billion dollars on fast food that is marketed to children and to lower income adults. McDonalds claims it presents healthy choices along with its high fat-high sodium offerings. In 2003, a New York family sued the hamburger giant alleging that, by manipulating the taste of food, fat and sugar content, and its aggressive marketing to children mislead consumers about the nutritional value of its food and led directly to their daughter’s obesity.  A federal judge threw the suit out of court, but the Industry responded with a so-called “Cheeseburger Bill” to ban such suits in the future. The Bill passed the House in 2005 but stalled in the Senate.

Over one half of all American adults are considered obese, and hundreds of thousands of deaths are attributed to obesity. Will “Big Fat” become the next “Big” like “Big Tobacco” and “Big Oil.” If we’re looking in Brazil, the answer might be just wait and see.

–Mark Esposito, Guest Blogger

Source: Yahoo News

Obama Administration Announces Appeal To Reverse Same Sex Marriage Victory

The Obama administration will appeal the Massachusetts ruling in favor of same sex marriage. The Justice Department will defend the 1996 Defense of Marriage Act, or DOMA. This action will further alienate civil libertarians and liberals — particularly at a time when the Administration is trying to preserve the Don’t Ask Don’t Tell policy in a California case. Now on both coasts, the Obama Administration is fighting to continue discrimination against gays and lesbians.

Continue reading “Obama Administration Announces Appeal To Reverse Same Sex Marriage Victory”

Representation in “Sister Wives” Case

As has been the practice on this blog, I wanted to disclose my representation of the Brown family, who are the subjects of the new series “Sister Wives” on TLC. As in the past, any comments on the case by me will be limited. However, various people have suggested the reported criminal investigation as a subject for this blog and I wanted to explain why I have not posted anything on the controversy.
Continue reading “Representation in “Sister Wives” Case”

Prosecutor in Stevens Case Commits Suicide

Nicholas Marsh, a Justice Department prosecutor who was under investigation for his role in the botched prosecution of former U.S. Sen. Ted Stevens (R-Alaska), has committed suicide. It is a sad end to a promising career for Marsh who was removed by the Public Integrity Section after the investigation was commenced at Justice.
Continue reading “Prosecutor in Stevens Case Commits Suicide”

Judge Orders Lesbian Nurse Reinstated While Obama Administration Fights To Limit Earlier Ruling Finding DADT Unconstitutional

Civil libertarians enjoyed a major victory yesterday against Don’t Ask, Don’t Tell (DADT) with the ruling in the case of Maj. Margaret Witt — ordering her reinstatement despite the fact that she is a lesbian. This important victory, however, was tempered by the news that the Obama Administration is seeking to limit the earlier blockbuster ruling that found DADT unconstitutional. The Administration had the option of not seeking such a change (an option taken by Governor Schwarzenegger and Attorney General Brown in the Proposition 8 case) but decided to try to gut the national impact of the court’s order.
Continue reading “Judge Orders Lesbian Nurse Reinstated While Obama Administration Fights To Limit Earlier Ruling Finding DADT Unconstitutional”